If you fall far enough behind on your mortgage payments, typically more than 120 days delinquent under federal law, the lender can begin a legal process called a "foreclosure." This process allows the lender to sell your home to repay the loan. Depending on the procedure and state, the foreclosure might take months or years.
Hiring an attorney as soon as possible, perhaps even before the process officially begins, helps ensure you have more options than what might be available later. A lawyer can, for instance, help you work out a deal with the lender that will allow you to stay in the home or, if necessary, fight the foreclosure in court.
If you wait too long, though, an attorney might be unable to stop the process.
When It’s Time to Get Help
Before officially starting a foreclosure, the lender usually must, under the terms of the mortgage contract, mail you a letter (called a "breach letter") putting you on notice of its intention to begin foreclosure proceedings if you don't get current on the loan. To prevent your lender from moving forward with the action, you must bring your loan up to date within a specified period, typically 30 days.
When you receive the breach letter, consider hiring an attorney, especially if you can’t catch up on your payments and want to keep your home. Once the foreclosure officially starts, your lawyer will have limited time to take the steps needed to defend against the proceeding.
You could miss an important deadline if you wait too long to hire an attorney. Worse yet, if the lender completes the foreclosure before you’ve secured legal representation, it will be difficult, if not impossible, to get your home back, even if a legal violation happens during the process.
Should I Hire an Attorney to Help Me Fight the Foreclosure?
The foreclosure process can be challenging to understand and master, even for an attorney. Court procedures vary from state to state and even from court to court. Also, nonjudicial foreclosure procedures are vastly different in various states.
If you want to fight a foreclosure, how you'll go about it depends on whether the process is judicial or nonjudicial. Either way, you’ll need to understand how to file documents with the court, the rules of evidence, and more.
An experienced and skilled foreclosure attorney can help you navigate the rules and advise you about your various options.
Defenses a Lawyer Can Raise in Court
An attorney might be able to raise certain defenses or point out errors that the lender or servicer made in the foreclosure process. Potential arguments include:
- the lender or servicer (on behalf of the lender) breached the loan contract
- the foreclosing party can’t prove that it owns the mortgage debt (that is, it doesn't have "standing")
- you’re an active military member entitled to protection against foreclosure under the federal Servicemembers Civil Relief Act, or
- the lender or servicer failed to follow proper foreclosure procedures under state law.
If your attorney raises a legitimate defense and the court agrees with the argument, the lender might consider a settlement, or the court might dismiss the foreclosure.
Help You File for Chapter 13 Bankruptcy
Filing for Chapter 13 bankruptcy can be a good solution if you want to keep your home and your lender won’t modify your loan or if your pockets aren’t deep enough to fund an expensive legal battle. If you qualify, you can keep your house and bring your arrears current over three to five years.
An Attorney Also Can Work With Your Lender Outside of Court to Avoid Foreclosure
If given enough time, a lawyer might be able to work out a deal with the lender to avoid foreclosure. Here are examples of ways an attorney can help that don’t involve going to court.
Help You Modify Your Loan
A "loan modification" is an agreement between the borrower and the lender that changes the loan's original terms. A modification might lower the interest rate or extend the amortization term.
An attorney can help you through the loan modification process, all the way from submitting an application to signing the modification paperwork. (Note that some states, like California, don't allow an attorney to accept payment for modification services until after the attorney has fully performed each and every service related to a modification that the lawyer was contracted to perform or represented that the lawyer would perform. (Cal. Civ. Code § 2944.7 (2025).)
An attorney can also review the conditions of any modification the lender offers you. Your lawyer will examine the documents to ensure no illegal charges, like improper fees or advances, are added to the total balance and that the modification is in your best interest.
Tell You About Different Loss Mitigation Options
Some types of loans, like FHA-insured loans and loans backed by Fannie Mae and Freddie Mac, have unique loss mitigation options that allow you to bring your loan into good standing. For example, if you have an FHA-insured loan, you might qualify for a “partial claim,” which is a particular type of loan that will bring you current on the payments. If Fannie Mae or Freddie Mac owns your loan, you might be eligible for a Flex modification.
But not all servicers and lenders will let you know about every alternative that might be available to you. Your attorney can advise you about the available options for your particular situation.
Represent You in Foreclosure Mediation
Some states offer foreclosure mediation, where the homeowner and the servicer or lender come together to try to work out an alternative to foreclosure. An attorney can represent you in the negotiation process to ensure that the servicer or lender treats you fairly.
Can I Fight a Foreclosure Without a Lawyer?
While you have the legal right to defend yourself against a foreclosure without a lawyer (called “pro se”), foreclosures are complicated. To fight a foreclosure, you should consider hiring, or at least consulting, a lawyer.
Unlike filing a case in small claims court, for example, foreclosure defense is not something most homeowners can tackle independently. While you can defend against a foreclosure without a lawyer, it’s difficult—especially in the case of a nonjudicial foreclosure. Because nonjudicial foreclosures happen outside of court, you’ll have to file a lawsuit to get a judge’s attention.
If your foreclosure is judicial, it’s easier and generally less expensive to take an active role in the existing foreclosure lawsuit.
Still, either way, here’s why it’s a good idea to hire a lawyer if you want to challenge a judicial or nonjudicial foreclosure.
Lawyers Have Special Training and Knowledge
Foreclosure lawyers typically have years of training and extensive knowledge about the state and federal laws that protect homeowners in the foreclosure process. Lawyers also know how to use the law correctly in court documents and during a trial.
Foreclosure Law Changes
Foreclosure law constantly evolves; courts decide new cases, and state and federal laws change. These changes could help with your case.
It's almost impossible for a nonlawyer, or even a lawyer practicing in a different area of the law, to keep current with all legal updates in this area. Only an experienced foreclosure lawyer will be up to date on all the defenses and legal nuances that can make or break your case.
Foreclosure Defenses Are Complicated
Foreclosure defenses are often complex. For example, let’s say you want to fight a foreclosure by claiming the servicer didn’t correctly follow state or federal law when foreclosing or doesn’t have standing (the right) to foreclose.
You must locate, read, and understand complicated documents like statutes and court decisions. Lawyers learn these skills in law school and review these types of materials all the time when practicing law.
You Have to Follow Court Filing Procedures and Rules
In the course of defending against a foreclosure, you'll need to file court documents by specific deadlines and in the correct format and perhaps handle a trial. Even if you have a solid defense, if you mess up, the court won’t give you special dispensation just because you aren't a lawyer.
Talk to a Lawyer
Ultimately, you have little chance of prevailing against a foreclosing lender under most circumstances unless a skilled lawyer assists you. If you think you have a defense to the foreclosure but can’t afford a lawyer to represent you throughout the entire process, consider paying for one meeting with a lawyer to get advice about your options, rights, and responsibilities.
If you can't afford to pay a lawyer for even one consultation, you might be able to get free legal help from a legal aid office if you meet specified criteria. You can find a list of various legal aid programs on the Legal Service Corporation's website.